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        Case ID :

        1964 (1) TMI 45 - HC - Income Tax

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        Unexplained deposit in wife's name can be treated as assessee's undisclosed income when the stated source is disproved. A false explanation for money deposited in the assessee's wife's name may be rejected where the stated gift source is unsupported and the wife has no ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Unexplained deposit in wife's name can be treated as assessee's undisclosed income when the stated source is disproved.

                            A false explanation for money deposited in the assessee's wife's name may be rejected where the stated gift source is unsupported and the wife has no independent means. Here, the claimed gift from the adoptive father was found untenable because contemporaneous materials did not support it and the father had no available funds. On those proved facts, the Tribunal could infer that the deposit represented the assessee's own income from undisclosed sources. The result was that the finding was supported by sufficient material, and the assessee's reliance on cases involving only a bare legal presumption did not assist him.




                            Issues: Whether there was material to support the finding that the sum of Rs. 52,500 deposited in the name of the assessee's wife represented the assessee's income from undisclosed sources.

                            Analysis: The assessee had put forward a specific explanation that the amount belonged to his wife and had been gifted to her by his adoptive father. That explanation was found to be false, as the father-in-law had no available funds and the contemporaneous materials did not support any such gift. The record also showed that the wife had no independent source from which she could have obtained the money. In those circumstances, the rejection of the stated source did not leave the matter at large on a mere presumption; the Tribunal was entitled to draw a conclusion from the proved facts, the comparative means of the persons concerned, and the surrounding circumstances that the money came from the assessee. The earlier decisions relied on by the assessee did not assist him, because the present case turned not on a bare legal presumption arising from title, but on affirmative evidence negativing the only suggested source and on the absence of any other plausible source.

                            Conclusion: There was sufficient material to support the finding that the amount was the assessee's income from undisclosed sources.


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                            ActsIncome Tax
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